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Home My WebLink About4.11 - 2186 COI Update Page 1 of 3 STAFF REPORT CITY COUNCIL DATE: September 18, 2018 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Waive Reading and Introduce Ordinance Amending Chapter 2.24 of the Dublin Municipal Code Pertaining to the City’s Conflict of Interest Code Prepared by: Lauren Quint, Assistant City Attorney EXECUTIVE SUMMARY: At the June 5, 2018 meeting, the City Council directed the City Attorney to review the City’s Conflict of Interest Code and make a dete rmination by October 1, 2018 if there is a need to amend the Conflict of interest Code. The City Attorney has conducted a thorough review of the Conflict of Interest Code and determined that several positions should be added or deleted. STAFF RECOMMENDATION: Waive the reading, and INTRODUCE an Ordinance Amending the City’s Conflict of Interest Code, and direct Staff to file the 2018 Local Agency Biennial Notice with the Fair Political Practice Commission (“FPPC”). FINANCIAL IMPACT: None. DESCRIPTION: The Political Reform Act prohibits certain public officials from being involved in decision - making that will have an impact on their private financial interests. In addition, it requires certain public officials to file a Statement of Economic Interests publicly disclosing their private financial interests. The Act also makes the City responsible for adopting a Conflict of Interest Code identifying those positions that must file Statements of Economic Interest. The Act requires the City to review its Conflict of Interest Code biennially to determine whether amendments to the Code are required. (See Cal. Gov’t Code § 87306.5). The City’s Conflict of Interest Code is located in Chapter 2.24 of the Municipal Code. The City’s Code identifies all positions within the City that participate in the making of Page 2 of 3 governmental decisions. These designated positions are required to disclose certain financial interests under state law. The last amendments to the City’s Code were adopted on November 15, 2016. The City Council is the code reviewing body for City agencies. Pursuant to Government Code Section 87306.5, City departments must determine whether amendments to the Code are necessary and notify the City Council whether or not such amendments are required. (See Cal. Gov't Code §§ 82011(c), 87306.5). Based on previous direction from the City Council and the requirements of the Political Reform Act, the City Attorney has completed a thorough review of the Conflict of Interest Code, the job specifications for all City employment positions, as well as the FPPC regulations governing the update process and recommends the following changes to Chapter 2.24. 1. Amend Section 2.24.020 of the Conflict of Interest Code entitled, “Designated Positions,” to add six City positions that have been determined by Staff to “make or participate in the making of governmental decisions.” These positions (and accompanying disclosure categories) are: a. Deputy City Clerk (disclosure category 3) b. Senior Public Works Inspector (disclosure category 1) c. Recreation Manager (disclosure category 3) d. Public Works Maintenance Superintendent (disclosure category 1) e. Special Projects Manager (disclosure category 1) f. Capital Improvement Program (CIP) Manager (disclosure category 1) 2. Amend Section 2.24.020 of the Conflict of Interest Code entitled, “Designated Positions,” to delete two City positions that have been eliminated. a. Planning Manager (deleted via Resolution No. 57-18) b. Senior Building Inspector (deleted via Resolution No. 47-12) The City’s amended code will not be effective until it has been adopted by the City Council. (See Cal. Gov.’t Code § 87303). Staff recommends that the City Council waive the reading and introduce the ordinance amending the Conflict of Interest Code consistent with the changes described above, and direct staff to file the 2019 Local Agency Biennial Notice with the FPPC. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. Page 3 of 3 ATTACHMENTS: 1. California Government Code 82011(c), 87306.5 2. 2018 Local Agency Biennial Notice 3. Ordinance Amending Chapter 2.24 of the Dublin Municipal Code 5'[A]L OI CALIInRNIA AUTHENTICATED Fj eClfZaac I FGAL HATFWA(. State of California GOVERNMENT CODE Section 82011 82011. "Code reviewing body" means all of the following: (a) The commission, with respect to the conflict -of -interest code of a state agency other than an agency in the judicial branch of government, or any local government agency with jurisdiction in more than one county. (b) The board of supervisors, with respect to the conflict -of -interest code of any county agency other than the board of supervisors, or any agency of the judicial branch of government, and of any local government agency, other than a city agency, with jurisdiction wholly within the county. (c) The city council, with respect to the conflict -of -interest code of any city agency other than the city council. (d) The Attorney General, with respect to the conflict -of -interest code of the commission. (e) The Chief Justice of California or his or her designee, with respect to the conflict -of -interest code of the members of the Judicial Council, Commission on Judicial Performance, and Board of Governors of the State Bar of California. (f) The Board of Governors of the State Bar of California with respect to the conflict -of -interest code of the State Bar of California. (g) The Chief Justice of California, the administrative presiding judges of the courts of appeal, and the presiding judges of superior courts, or their designees, with respect to the conflict -of -interest code of any agency of the judicial branch of government subject to the immediate administrative supervision of that court. (h) The Judicial Council of California, with respect to the conflict -of -interest code of any state agency within the judicial branch of government not included under subdivisions (e), (f), and (g). (Amended by Stats. 2003, Ch. 62, Sec. 176. Effective January 1, 2004. Note: This section was added on June 4, 1974, by initiative Prop. 9.) O�f�, Si A'fL Oi CALII'OIIN IA I�i iii,u� ELECTR�171C LEGAL f�WiEi11A� State of California GOVERNMENT CODE Section 87306.5 87306.5. (a) No later than July 1 of each even -numbered year, the code reviewing body shall direct every local agency which has adopted a Conflict of Interest Code in accordance with this title to review its Conflict of Interest Code and, if a change in its code is necessitated by changed circumstances, submit an amended Conflict of Interest Code in accordance with subdivision (a) of Section 87302 and Section 87303 to the code reviewing body. (b) Upon review of its code, if no change in the code is required, the local agency head shall submit a written statement to that effect to the code reviewing body no later than October 1 of the same year. (Added by Stats. 1990, Ch. 1075, Sec. 5.) Name of Agency: Mailing Address: Contact Person: Email: is • •' i .. , e Phone No. Alternate Email: Accurate disclosure is essential to monitor whether officials have conflicts of interest and to help ensure public trust in government. The biennial review examines current programs to ensure that the agency's code includes disclosure by those agency officials who make or participate in making governmental decisions. This agency has reviewed its conflict of interest code and has determined that (check one BON): ❑ An amendment is required. The following amendments are necessary: (Check all that apply.) O Include new positions O Revise disclosure categories O Revise the titles of existing positions O Delete titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions O Other (describe) ❑ The code is currently under review by the code reviewing body. ❑ No amendment is required. (If your code is over five years old, amendments may be necessary.) Verification (to be completed if no amendment is required) This agency's code accurately designates all positions that make or participate in the making of governmental decisions. The disclosure assigned to those positions accurately requires that all investments, business positions, interests in real property, and sources of income that may foreseeably be affected materially by the decisions made by those holding designated positions are reported. The code includes all other provisions required by Government Code Section 87302. Signature of Chief Executive Officer Date All agencies must complete and return this notice regardless of how recently your code was approved or amended. Please return this notice no later than October 1, 2018, or by the date specified by your agency, if earlier, to: (PLACE RETURN ADDRESS OF CODE REVIEWING BODY HERE) PLEASE DO NOT RETURN THIS FORM TO THE FPPC. www.fppc.ca.gov FPPC Advice: advice(o0ppc.ca.gov (866.275.3772) Page 1 of 1 ORDINANCE NO. __ AN ORDINANCE OF THE CITY OF DUBLIN AMENDING CHAPTER 2.24 OF THE DUBLIN MUNICIPAL CODE RELATING TO THE CITY’S CONFLICT OF INTEREST CODE WHEREAS, the Political Reform Act located at Government Code Section 81000 et seq., requires every local government agency to review its Conflict of Interest Code biennially to determine whether amendments to the Code are required; and WHEREAS, following review of the code, it was determined that the amendments contained in this Ordinance were appropriate. NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows: Section 1. Chapter 2.24.020 is amended to read as follows: Designated Position Disclosure Category Administrative Services Director/Director of Finance 3 Assistant City Attorney 1 Assistant City Manager 1 Assistant to the City Manager 1 Assistant Director of Administrative Services/Budget 3 Assistant Director of Community Development 1 Assistant Director of Parks & Community Services 2,3 Associate Civil Engineer 1 Capital Improvement Program (CIP) Manager 1 Chief Building Official 1 City Clerk/Records Manager 3 City Engineer 1 Code Enforcement Officer 1 Community Development Director 1 “Consultant”* as defined in FPPC Reg. sect. 18700.3 1 Deputy City Clerk 3 Economic Development Director/Public Information Officer 1 Environmental Coordinator 1 Heritage and Cultural Arts Manager 1 Housing Specialist 1 Human Resources Director 3 Information Services Manager 3 Parks & Community Services Director 1 Plan Check Engineer 1 Principal Planner 1 Public Works Director/Assistant City Engineer 1 Public Works Manager 1 Public Works Maintenance Superintendent 1 Public Works Transportation and Operations Manager 1 Recreation Manager 3 Recreation Supervisor 2,3 Senior Management Analyst 3 Senior Civil Engineer 1 Senior Code Enforcement Officer 1 Senior Management Analyst 3 Senior Plan Checker 1 Senior Planner 1 Special Projects Manager 1 Senior Public Works Inspector 1 Section 2. Severability. The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumstances. Section 3. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its adoption. // // // // // Section 4. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED this _____ day of ___________, 2018. AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _____________________________ Caroline Soto, City Clerk 3060092.1